Common use of Preservation of Trustee's Rights Clause in Contracts

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 19 contracts

Samples: Indenture (Insight Health Services Corp), Indenture (Sonic Automotive Inc), Exhibit 4 (Converse Inc)

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Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt of a Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 14 contracts

Samples: Rearden Minerals, LLC, Indenture (Whiting Petroleum Corp), Indenture (Whiting Petroleum Corp)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XIII with respect to any Senior Indebtedness and Subordinated Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtednessand Subordinated Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 7 contracts

Samples: First Bank System Inc, Downey Financial Capital Trust I, GBB Capital I

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 11 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.

Appears in 7 contracts

Samples: Indenture (United Industries Corp), Indenture (MWC Acquisition Sub Inc), Supplemental Indenture (Muzak Finance Corp)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.

Appears in 6 contracts

Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont Mining Corp /De/

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 5 contracts

Samples: Indenture (Pathology Building Partnership), Phillips Van Heusen Corp /De/, Phillips Van Heusen Corp /De/

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Issuer Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Issuer Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.5.5. ARTICLE TWELVE

Appears in 3 contracts

Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont Mining Corp

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Guarantor Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Guarantor Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 2 contracts

Samples: Fca of Ohio Inc, Jo-Ann Stores Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Guarantor Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Guarantor Indebtedness, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607the provisions in the Indenture regarding compensation and indemnification of the Trustee.

Appears in 2 contracts

Samples: Supplemental Indenture (Raci Holding Inc), Supplemental Indenture (Raci Holding Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XI with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6078.07.

Appears in 2 contracts

Samples: Goss Graphic Systems Inc, Goss Holdings Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Supplemental Indenture shall deprive the Trustee of any of its rights as such holderholder of Guarantor Senior Indebtedness. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 of the Indenture.

Appears in 2 contracts

Samples: Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.7.

Appears in 2 contracts

Samples: Indenture (Interim Services Inc), Amerisource Health Corp/De

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Sixteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.

Appears in 2 contracts

Samples: Quality Food Centers Inc, Quality Food Centers Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 2 contracts

Samples: Indenture (Marsh Village Pantries Inc), Lower Road Associates LLC

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or for its compensation owing pursuant to and in accordance with, the first sentence of Section 6077.07 hereof.

Appears in 2 contracts

Samples: Indenture (Oglebay Norton Co /New/), Fairfield Manufacturing Co Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Guarantor Senior Indebtedness which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.

Appears in 2 contracts

Samples: Indenture (Mettler Toledo Holding Inc), Mettler Toledo Holding Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eighteen with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by it, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eighteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.

Appears in 2 contracts

Samples: Kb Home, Kb Home

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.

Appears in 2 contracts

Samples: Stolt Offshore S A, Stolt Offshore S A

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any of the Guarantor's Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of the Guarantor's Senior Indebtedness, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.08.

Appears in 1 contract

Samples: Indenture (Abn Amro Bank Nv)

Preservation of Trustee's Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Company Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Company Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6079.06.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Guarantor Senior Indebtedness Debt which may at any time be held by itthe Trustee, to the same extent as any the other holder of such Guarantor Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Foster Wheeler LTD)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Parent Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Parent Senior IndebtednessDebt, and nothing in this First Supplemental Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.7 of the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Millennium Pharmaceuticals Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee theTrustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Philip Services Corp/De)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.7.

Appears in 1 contract

Samples: Royal Gold Inc /De/

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fifteen with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by it, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. "Nothing in this Article Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.6.

Appears in 1 contract

Samples: Kb Home

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.

Appears in 1 contract

Samples: Indenture (Primero Gas Marketing Co Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eighteen with respect to any Senior Guarantor Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Guarantor Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eighteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.

Appears in 1 contract

Samples: Thermo Electron Corp

Preservation of Trustee's Rights. The Subject to the terms of this Article, the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply subordinate to Senior Indebtedness the claims of, or payments to, the Trustee under or pursuant to Section 607606.

Appears in 1 contract

Samples: Amc Entertainment Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606.

Appears in 1 contract

Samples: WSTR Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.

Appears in 1 contract

Samples: Rose Hills Co

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 11 with respect to any Indebtedness under the Senior Indebtedness Credit Facility which may at any time be held by it, to the same extent as any other holder of Indebtedness under the Senior IndebtednessCredit Facility, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.

Appears in 1 contract

Samples: Supplemental Indenture (Muzak Holdings Finance Corp)

Preservation of Trustee's Rights. The Trustee in its individual ---------------------------------------------- capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.

Appears in 1 contract

Samples: Newmont Gold Co

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness Indebtedness, which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.06 hereof.

Appears in 1 contract

Samples: Snyder Oil Corp

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten B with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten B 113 -105- shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.

Appears in 1 contract

Samples: Amcast Radio Sales Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness and Senior Subordinated Debt of the Issuer which may at any time be held by it, to the same extent as any other holder of Senior Indebtednessand Senior Subordinated Debt of the Issuer, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.06.

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

Preservation of Trustee's Rights. The Trustee in ----------------------------------------------------- its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Guarantor Senior Indebtedness which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.7.08. Section 10.15

Appears in 1 contract

Samples: Indenture (Telegroup Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness which may at any time be held by it or any General Obligations which may be owed to it, to the same extent as any other holder of Senior IndebtednessIndebtedness or creditor in respect of General Obligations, and and, subject to the provisions of the Trust Indenture Act, nothing in this Indenture shall deprive the Trustee of any of its rights as such holderholder or creditor. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607SECTION 14.12.

Appears in 1 contract

Samples: First Chicago NBD Capital Iv

Preservation of Trustee's Rights. The Trustee for the Securities of each series in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the such Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the such Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Ingersoll Rand Co LTD

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XI with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.

Appears in 1 contract

Samples: Indenture (Lamar Advertising Co)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall -------------------------------- be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.

Appears in 1 contract

Samples: Indenture (Times Mirror Co /New/)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.

Appears in 1 contract

Samples: Registration Rights Agreement (Global Telesystems Group Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of any Senior IndebtednessDebt of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Iridium Facilities Corp

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article X with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.7 hereof.

Appears in 1 contract

Samples: Indenture (Lamar Advertising Co)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which and Subordinated Debt that may at any time be held by it, to the same extent as any other holder of Senior Indebtednessand Subordinated Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Success Bancshares Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Chubb Capital Trust Iii

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Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Oxy Capital Trust Iii

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eleven shall apply to claims of, or payments to, the Trustee under or for its compensation owing pursuant to and in accordance with, the first sentence of Section 6077.07 hereof.

Appears in 1 contract

Samples: Indenture (Oglebay Norton Co /New/)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Twelve with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.08.

Appears in 1 contract

Samples: Interface Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 11 with 100 -93- respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.

Appears in 1 contract

Samples: Indenture (Outdoor Systems Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall -------------------------------- be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.06.

Appears in 1 contract

Samples: Merrill Lynch Preferred Capital Trust V

Preservation of Trustee's Rights. The Subject to the terms of this Article, the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Registration Rights Agreement (Rogers Wireless Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.

Appears in 1 contract

Samples: American Residential Services Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: South Financial Group Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Fresenius National Medical Care Holdings Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Key3media Events Inc

Preservation of Trustee's Rights. The Trustee in its ---------------------------------------------- individual capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eleven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.7.08. Section 11.12

Appears in 1 contract

Samples: Indenture (Telegroup Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of the Company, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Commonwealth Aluminum Corp)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.. 103

Appears in 1 contract

Samples: Starwood Lodging Corp

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XIV with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XIV shall apply to claims of, or payments to, the Trustee or its agent or counsel under or pursuant to Section 6076.7.

Appears in 1 contract

Samples: Indenture (Group Maintenance America Corp)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.

Appears in 1 contract

Samples: Blue Bird Corp

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607607 hereof.

Appears in 1 contract

Samples: St Paul Capital Trust Ii

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Indebtedness, which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607607 hereof.

Appears in 1 contract

Samples: Indenture (Snyder Oil Corp)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 with respect to any Senior senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing Notwithstanding anything to the contrary in this Indenture, nothing in this Article 15 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 60714.01.

Appears in 1 contract

Samples: Indenture (Estee Lauder Companies Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XVIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XVIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.

Appears in 1 contract

Samples: Roper Industries Inc /De/

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 7 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 7 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6078.07 hereof.

Appears in 1 contract

Samples: Indenture (Sandhills Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07 hereof.

Appears in 1 contract

Samples: Indenture (Fairfield Manufacturing Co Inc)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness Guarantee of any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of any Senior IndebtednessGuarantee of such Subsidiary Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Pathology Building Partnership)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 10 with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.7 hereof.

Appears in 1 contract

Samples: Pierce Leahy Corp

Preservation of Trustee's Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Guarantor Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6079.06.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607606 of the Indenture.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Kroger Co)

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Ten B with respect to any Guarantor Senior Indebtedness of any Guarantor which may at any time be held by itthe Trustee, to the same extent as any other holder of such Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Ten B shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6077.07.

Appears in 1 contract

Samples: Indenture (Chancellor Radio Broadcasting Co)

Preservation of Trustee's Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Guarantor Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Guarantor Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article XV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6079.06.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Preservation of Trustee's Rights. The Trustee in its individual ---------------------------------------------- capacity shall be entitled to all the rights set forth in this Article Eleven with respect to any Issuer Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Issuer Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6075.5.

Appears in 1 contract

Samples: Newmont Gold Co

Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6076.07.

Appears in 1 contract

Samples: Freedom Chemical Co

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